Yes. Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential.
Is what you say to a solicitor confidential?
If you decide to instruct a solicitor in relation to a certain matter you will have to tell your solicitor all the facts about your case. According to Solicitors’ Code of Conduct your solicitor will be bound by a duty of confidentiality and he should therefore not make any unnecessary disclosures about your case.
Are conversations with lawyers confidential?
The duty of confidentiality prevents lawyers from even informally discussing information related to their clients’ cases with others. They must keep private almost all information related to representation of the client, even if that information didn’t come from the client.
When can a solicitor breach confidentiality UK?
Paragraph 6.5 of the Codes provides: “You do not act for a client in a matter where that client has an interest adverse to the interest of another current or former client of you or your business or employer, for whom you or your business or employer holds confidential information which is material to that matter.”
Are legal consultations confidential?
In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney.
Can you trust a solicitor?
It is reassuring to know that solicitors are generally still considered to be trustworthy because they do need to help people at crucial stages in their lives, dealing with matters which are personal and confidential.
When should you disclose confidential information?
You must disclose information if it is required by statute, or if you are ordered to do so by a judge or presiding officer of a court (see paragraphs 87 – 94). You should satisfy yourself that the disclosure is required by law and you should only disclose information that is relevant to the request.
What happens if lawyer breaks confidentiality?
This rule is so important because disclosing a client’s sensitive information can cause serious harm to his or her legal interests. An attorney who allows such a disclosure to happen, either deliberately or negligently, is likely guilty of legal malpractice.
Should you tell your lawyer everything?
Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know. … No matter what, with a few exceptions, attorneys are required to maintain lawyer-client confidentiality.
Can my lawyer share information?
This means that, without your consent, your lawyer cannot disclose those documents or communications to another party besides those that have been engaged to work on your matter. Legal Professional Privilege also protects such information from being subpoenaed or consequently used as evidence in legal proceedings.
How do you deal with breach of confidentiality UK?
The most common way to deal with a breach of confidentiality is to tell your employee that you know they’ve breached confidentiality. You’ll need to warn them of the consequences and ask them for an undertaking to stop misusing your confidential business information.
Do solicitors have a fiduciary duty?
A solicitor’s duty to his client is primarily contractual and its scope depends on the express and implied terms of his retainer. … The relationship between a solicitor and his client is one in which the client reposes trust and confidence in the solicitor. It is a fiduciary relationship.
What if you believe that your lawyer is not handling your case properly?
If you believe that your attorney acted unethically, you should consider filing a complaint with the State Bar. … You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.
What is the difference between attorney-client privilege and confidentiality?
Attorney-client privilege protects lawyers from being compelled to disclose your information to others. … Confidentiality rules provide that attorneys are prohibited from disclosing any information for privacy reasons, unless it is generally known to others.
What if lawyer gives wrong advice?
Lawyers who give improper advice, improperly prepare documents, fail to file documents, or make a faulty analysis in examining the title to real estate may be charged with malpractice by their clients. … As a defense, it can reduce or totally eliminate the lawyer’s recovery of fees.